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<br />v1 waco LOAN # 500956435
<br />notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure
<br />such breach; (3) a date, not less than 20 days from the date the notice Is mailed to Borrower, by which such breach
<br />must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result
<br />In acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further Inform
<br />Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence
<br />of a default or any other defense of Borrower to acceleration and sale. If the breach Is not cured on or before the
<br />date specified in the notice, lender, at lender's option, may declare all of the sums secured by this Deed of Trust
<br />to be Immediately due and payable without further demand and may Invoke the power of sale and any other
<br />remedies permitted by applicable law. lender shall be entitled to collect all reasonable costs and expenses
<br />incurred In pursuing the remedies provided In this paragraph 17, including, but not limited to, reasonable
<br />attorneys' fees.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county In which the Property
<br />or some part thereof is located and shall mall copies of such notice in the manner prescribed by applicable law
<br />to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be
<br />required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed
<br />by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest
<br />bidder at the time and place and under the terms designated in the notice of sale In one or more parcels and In
<br />such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public
<br />announcement at the time and place of any previously scheduled sale. lender or lender's designee may
<br />purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the
<br />Property sold. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made
<br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and
<br />expenses of the sale, including, but not limited to, Trustee's fees actually Incurred of not more than
<br />% of the gross sale price, reasonable attorneys' fees and costs of title evidence; (b) to all
<br />sums secured by this Deed of Trust; and (c) the excess, If any, to the person or persons legally entitled thereto.
<br />18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of
<br />Trust, due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
<br />Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before the sale of the Property
<br />pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if:
<br />(a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration
<br />occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed
<br />of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and
<br />agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided
<br />in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as
<br />Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and
<br />Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment
<br />and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if
<br />no acceleration had occurred.
<br />19. Assignment of Rents; Appointment of Receiver; lender in Possession. As additional security hereunder,
<br />Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under
<br />paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become
<br />due and payable.
<br />Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by
<br />judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect
<br />the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to
<br />payment of the costs of management ofthe Property and collection of rents, including, but not limited to, receiver's fees,
<br />premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust.
<br />Lender and the receiver shall be liable to account only for those rents actually received.
<br />20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Deed ofTrust and all notes evidencing indebtedness secured by this Deed
<br />of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons
<br />legally entitled thereto. Such person or persons shall pay all costs of recordation, if any.
<br />21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is
<br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties
<br />conferred upon the Trustee herein and by applicable law.
<br />22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to
<br />Borrower's address which is the Property Address.
<br />23. Riders. All Riders to this document are executed by Borrower. The following Riders are to be executed by the
<br />Borrower [check box as applicable]:
<br />n Adjustable Rate Rider n Condominium Rider
<br />D Balloon Rider L_I Planned Unit Development Rider
<br />D 1-4 Family Rider D Biweekly Payment Rider
<br />
<br />200512750
<br />
<br />D Second Home Rider
<br />D Other(s) [specify]
<br />
<br />REQUEST FOR NOTICE OF DEFAULT
<br />AND FORECLOSURE UNDER SUPERIOR
<br />MORTGAGES OR DEEDS OF TRUST
<br />
<br />Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has
<br />priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed of Trust,
<br />of any default under the superior encumbrance and of any sale or other foreclosure action.
<br />
<br />NEBRASKA - SECOND MORTGAGE - 1(80 - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Modified by Online Documents. Inc.
<br />@ 2001-2002 Online Documents, Inc. Page 4 of 5
<br />
<br />Form 3828
<br />Initials:~~ ~
<br />NECSECDE
<br />12-21-2005 14:04
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